‘Consent immaterial’: Madhya Pradesh HC says unnatural sex with wife not rape

The Madhya Pradesh High Court ruled that unnatural sex with wife cannot be termed as rape, despite it being non-consensual. The Madhya Pradesh HC quashed an FIR registered against a man by his wife accusing him of having unnatural sex, observing that marital rape is not an offence under the IPC.
A single bench of the high court comprising Justice G S Ahluwalia made the observation while quashing the FIR made by the wife against her husband under IPC sections 377 (unnatural sex) and 506 (criminal intimidation).
In the order issued on May 1, the high court judge referred to multiple judgments issued by the Supreme Court and high courts across the country, referring to the definition of rape according to IPC section 375. The judge ruled that a husband engaging with anal sex with his wife did not amount to rape, even if it was non-consensual, as long as the wife was over the age of 15.
“This court is of considered opinion that after having come to a conclusion that the act of unnatural sex by a husband with his legally wedded wife residing with him is not an offence under Section 377 of IPC, no further deliberations are required as to whether FIR was lodged on the basis of frivolous allegations or not,” Justice Ahluwalia said on Wednesday.
“Marital rape has not been recognized so far. Accordingly, an FIR in Crime No.377/2022 registered at Police Station Kotwali, Jabalpur and criminal prosecution of the applicant (husband) is hereby quashed,” the order further stated.
The man had filed a petition in court to quash the FIR lodged against him on the complaint of his wife. According to the petition, the couple got married in 2019, but the wife has been living in her parental home since February 2020. A case of dowry harassment was filed by the wife against her husband and in-laws in 2020. The wife then filed an FIR against the husband in 2022, accusing him of unnatural sex.
(With inputs from PTI)